National Report
Tuesday, September 4th, 2001 Auto Liability LitigationRichard Boeken, a lifelong smoker and victim of lung cancer, received $5.5 million in compensatory damages and $3 billion in punitive damages from the Los Angeles jury hearing his case against Philip Morris. It was the largest judgment ever against a tobacco company in a lawsuit brought by an individual. "For the jury to award punitive damages in this amount not only defies credibility and common sense, it makes a mockery of our judicial system," said William Ohlemeyer, associate general counsel for the defense, who argued that the jury was given incorrect instructions and prevented from hearing important evidence. Citing California law, which holds that punitive damages must bear a reasonable relationship to compensatory damages, Ohlemeyer also said that the company would ask the presiding judge to reduce the size of the punitive damage award.
